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The Philadelphia Area’s Trusted Medical Malpractice Lawyer
If you suspect that you or a loved one has been harmed due to inadequate medical treatment, it’s important to understand what constitutes medical malpractice. At Louis B. Himmelstein & Associates, we are committed to helping our clients navigate the complexities of medical malpractice claims. Our goal is to ensure you are fully informed about what medical malpractice involves and how to proceed if you believe you’ve been a victim.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider—whether a doctor, nurse, therapist, or other medical personnel—fails to provide the standard of care that is expected in their field, leading to harm, injury, or death to a patient. The “standard of care” refers to what a reasonably competent healthcare professional, under similar circumstances, would have done.
Key Elements of Medical Malpractice
To establish a medical malpractice case, several criteria must be met:
- Duty of Care: There must be a recognized relationship between the patient and the healthcare provider, establishing a duty of care.
- Breach of Duty: The healthcare provider must have violated the standard of care expected.
- Causation: It must be proven that the breach of duty directly caused the injury or harm.
- Damages: The patient must have sustained some form of damage—whether physical, emotional, or financial—as a result of the breach.
Common Examples of Medical Malpractice
Understanding some of the common scenarios can help you identify potential medical malpractice, including:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose, or incorrectly diagnosing an illness, can lead to incorrect treatment, delayed treatment, or no treatment at all, potentially causing harm or worsening the patient’s condition.
- Surgical Errors: Mistakes during surgery, could be grounds for malpractice claims. This could include operating on the wrong site, leaving surgical tools inside the patient, or performing the wrong procedure.
- Improper Treatment: Administering the wrong treatment or a treatment that no competent doctor would propose can qualify as malpractice.
- Medication Errors: This can include prescribing the wrong medication, the incorrect dosage, or a drug that interacts harmfully with other medications the patient is taking.
- Failure to Warn a Patient of Known Risks: Doctors have a duty to warn patients of known risks of a procedure or course of treatment. Failure to do so could result in a malpractice claim if the patient is injured by a risk that they were not informed about.
Schedule Your Free Consultation With Our Philadelphia Medical Malpractice Lawyer Today
At Louis B. Himmelstein & Associates, our experts have the right experience to help with your medical malpractice claim. We work closely with medical experts to assess the standard of care in your case, gather the necessary evidence, and build a compelling argument on your behalf. If you believe you or a loved one has suffered due to medical malpractice, it is essential to act quickly due to the statute of limitations. Contact us today for a free consultation to discuss your case.
